The Political Economy of Incentive Regulation: Theory and Evidence from US States Carmine Guerriero

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The Political Economy of Incentive Regulation: Theory and Evidence from US States Carmine Guerriero The Political Economy of Incentive Regulation: Theory and Evidence from US States Carmine Guerriero NOTA DI LAVORO 34.2008 APRIL 2008 PRCG – Privatisation, Regulation, Corporate Governance Carmine Guerriero, Faculty of Economics, University of Cambridge This paper can be downloaded without charge at: The Fondazione Eni Enrico Mattei Note di Lavoro Series Index: http://www.feem.it/Feem/Pub/Publications/WPapers/default.htm Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract=1123438 The opinions expressed in this paper do not necessarily reflect the position of Fondazione Eni Enrico Mattei Corso Magenta, 63, 20123 Milano (I), web site: www.feem.it, e-mail: [email protected] The Political Economy of Incentive Regulation: Theory and Evidence from US States Summary The determinants of incentive regulation are a key issue in industrial policy. I study an asymmetric information model of incentive rules selection by a political principal endowed with an information-gathering technology whose efficiency increases with the effort exerted by two accountable supervisors (a regulator and a judge). This set up captures the institutions of several international markets. The model predicts that reforms toward higher powered rules are more likely the more inefficient (efficient) is the production (information-gathering) technology, the less tight is political competition and the greater are pro-consumer supervisors’ incentives. This prediction is consistent with evidence based on US electric power market data. Keywords: Incentive Schemes, Accountability Rules, Regulatory Capture JEL Classification: D73, H11, L51, K2 I don’t know how to thank Toke Aidt, Yannis S. Katsoulacos, David Newbery, Michele Polo, Andrea Prat, Mark Schankerman, Guido Tabellini, David Ulph, and Melvyn Weeks for precious discussions on earlier drafts. I am deeply grateful to Tim Besley, Andy Hanssen and Junseok Kim for the data provided and for encouragement and to seminar participants at LBS, Cambridge University, at the 2006 EEA meeting in Vienna, at the 2007 Public Choice Society meeting in Amsterdam, and at 2007 EARIE meeting in Valencia for comments. I would like to acknowledge financial assistance from the Ente Luigi Einaudi, the Felice Gianani Foundation and the Marco Fanno Foundation. Address for correspondence: Carmine Guerriero Faculty of Economics University of Cambridge Sidgwick Avenue CB3 9DD Cambridge UK E-mail: [email protected] 1. Introduction In regulating a natural monopoly with unknown costs, governments should select incentive rules optimally trading off informational rents extraction and cost- saving inducement (Laffont and Tirole, 1993). Yet, politicians put a greater or lesser weight on the firm’s profit depending on whether their constituency is dominated by pro-shareholder or pro-consumer sentiments. Besides, the details of incentive contracts are designed by public officials who are accountable either to professional peers or to specific groups of voters and not to the society at large. The US electric power market (along with other US markets) is a case in point. Major regulatory reforms, included the recent introduction of incentive regulation, are politically initiated but subject to lengthy quasi-judicial hearings aimed at gathering both the necessary technical information and the consensus of all interested parties. While regulators and judges, who can either be appointed or elected, preside over the hearings, the final policy position is proposed de facto by an independent staff. This institutional design is not unique to the US and, in the aftermath of the recent South-American and European privatization wave, a rising need for higher transparency of the regulatory process has exported beyond American boundaries a similar combination of independent staffs and accountable top-level regulators and judges (see Newbery, 2000).1 How, therefore, do public officials’ incentives and task-specific motivations shape regulatory reforms and 1Remarkably, the Competition Act of 1998 and the Utilities Act of 2000 reformed the UK gas and electricity market institutions introducing a top-level board of three officials (GEMA) appointed by the Secretary of State and supported by an independent staff (Ofgem). The latter proposes the policy position and is subject to a strict transparency requirement which, in turn, “provides the hook for judicial review” (OECD, 2002). how does this mix of incentives and motivations interact with the rent extraction- efficiency trade off and the political environment? To answer these questions, I provide a theoretical framework bridging the canonical principal-agent model of incentive regulation (Laffont, 1996) with two recent strands of political economics literature. While the first one compares accountable and non-accountable public agents (Alesina and Tabellini, 2007 and 2008), the second contrasts career and legacy concerns in politics (Maskin and Tirole, 2004). Bringing together these bodies of economic theory, I study the incentive rules selection problem performed by a principal faced with a monopoly with unknown costs. The principal is endowed with an information-gathering technology whose efficiency rises with the effort exerted by a regulator and a judge, whom hereafter I will call supervisors. Supervisors respond to implicit or accountability incentives and intrinsic or legacy motivations. Implicit incentives force supervisors to select effort looking at the ballot box (at the preferences of their professional peers) if elected (appointed) but not at the power––in terms of cost reducing effort––of the rule selected by the principal. The model predicts that, under a mild condition on the distribution of supervisors’ random abilities, elected supervisors exert more effort than appointed ones. These pro-consumers selection incentives are fuelled (curbed) by judges’ fairness motivations (regulators’ desires of pursuing a career in the industry). The principal foresees the effect of implicit incentives and intrinsic motivations on the expected probability of remaining uninformed, and, accordingly, the power of equilibrium incentive rules increases (decreases) with fairness (revolving door) motivations, and is greater when supervisors are elected. Also, if the principal is concerned by the long run efficiency of the market, the power of the optimal rules 3 increases (falls) with the efficiency of the production (information) technology. Finally, if the principal is one of two competing parties, incentive rules are also sensitive to tightness of political competition and to voters’ preferences. To test this set of predictions, I analyze US electric power market data at the state level. Consistently with the model, performance based regulation (PBR hereafter) is found where regulators and judges are elected, political competition is less harsh, generation more costly and regulatory resources more abundant. There are three main contributions by this paper. First, I formalize and test a theory of complementarities among supervisors’ implicit and firms’ explicit incentives arising endogenously from the contractibility of the firm’s allocation as opposed to the non-contractibility of supervisors’ performance. I also offer one of the first accounts of the relation between public officials’ intrinsic motivations and regulatory policies (see also Ka and Teske, 2002; Guerriero, 2008). Second, I provide evidence that the observed regulatory institutions reflect both efficiency and strategic political concerns. This is particularly noteworthy because, even if several studies have used cross-state telecommunications (see Ai and Sappington, 2002; Eckenrod, 2006) and cross-country electricity data (see Jamasb and Pollitt, 2001) to show that PBR can deliver lower rates and higher profits, no previous paper has tried to evaluate the determinants of reforms toward incentive regulation.2 Finally, I also propose a first test of the endogenous effect of incentive rules on US electricity rates using a GMM estimator. This last 2 Recent empirical tests look at the determinants of electricity market restructuring experiences in the US (Ka and Teske, 2002) and around the world (Steiner, 2004) but without providing a formal theory of regulatory actors’ incentives as derived by market institutions. Hanssen (2004) provides a first empirical result bridging strategic dynamics and institutional reforms. 4 exercise shows that rates are unaffected by PBR and suggests an investment- based explanation of the incentives revolution, stressing also the relevance of an endogenous regulatory institutions research program for policy evaluation. The remainder of the paper is organized as follows. Section 2 describes the institutions governing the pricing process in the US electric power market. The first part of section 3 clarifies the effect of supervisors’ incentives and motivations on incentive rules. Next, the benevolence assumption is relaxed and the strategic determinants of regulatory reforms are evaluated. Section 4 tests the model’s implications, looking at the wave of reforms toward PBR that has interested the market in recent decades. Section 5 concludes. All proofs, tables and a detailed description of the data are gathered in the Appendix. 2. Institutions Natural local monopolies and incentive rules.––Investor-owned electric power utilities (IOUs hereafter) account for over three-fourths of the electricity sales of the US electricity market. While jurisdiction over both interstate transmission and wholesale
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